STATE OF NEW YORK ________________________________________________________________________ 5098 2019-2020 Regular Sessions IN SENATE April 9, 2019 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to designating certain species as vulnerable species and prohibiting the sale of articles made from such vulnerable species; and to require the department of environmental conservation to designate the giraffe as a vulnerable species The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 11-0535-b to read as follows: 3 § 11-0535-b. Vulnerable species. 4 1. As used in this section, "vulnerable species" shall mean any 5 species of wildlife designated by the department, by regulation filed 6 with the secretary of state, which meet the following criteria: 7 (a) On the basis of credible scientific evidence, which may include 8 information contained on the international union for conservation of 9 nature and natural resources red list of threatened species, or other 10 similar data: 11 (i) the species has an observed, estimated, inferred, projected or 12 suspected population size reduction of thirty percent or more over the 13 last ten years or three generations, whichever is longer; or 14 (ii) the geographic range of the species is less than eight thousand 15 square miles and the area of occupancy is less than eight hundred square 16 miles, and the species' habitat is severely fragmented or the species is 17 found in fewer than ten locations; or 18 (iii) there are less than ten thousand mature individuals and the risk 19 of extinction of the species within one hundred years is more than ten 20 percent; or 21 (iv) other factors that may cause the species to go extinct if they 22 are not identified and reversed; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10508-01-9S. 5098 2 1 (b) The species is known to be in trade in this state; 2 (c) The species is not protected as an endangered or threatened 3 species by the secretary of the interior; and 4 (d) The species is not protected under the Marine Mammal Protection 5 Act. 6 2. Except as otherwise provided in subdivision three of this section, 7 no person shall sell, or possess with the intent to sell, any article 8 made in whole or in part from the skin, hide, or other parts of any 9 vulnerable species, except under license or permit from the department. 10 3. The commissioner may issue licenses or permits for the sale or 11 possession with intent to sell of any article made in whole or in part 12 from the skin, hide, or other parts of any vulnerable species, provided 13 that: 14 (a) the article is part of a bona fide antique and the antique status 15 of such antique is established by the owner or seller thereof with 16 historical documentation evidencing provenance and showing the antique 17 to be not less than one hundred years old; or 18 (b) the article is for bona fide educational or scientific purposes, 19 or to be made part of a temporary or permanent collection of a museum 20 chartered by the board of regents pursuant to the education law or to a 21 museum authorized by a special charter from the legislature of this 22 state, provided that the article is not thereafter sold to any private 23 party. 24 4. The department shall maintain a list of vulnerable species identi- 25 fied pursuant to this section and post such list on the department's 26 website. 27 5. Species shall not be designated as a vulnerable species for the 28 purposes of this section if: 29 (a) the species is protected pursuant to any other provision of this 30 chapter; or 31 (b) the taking of the species is regulated by the department pursuant 32 to permit or license. 33 § 2. Section 71-0925 of the environmental conservation law is amended 34 by adding a new subdivision 17 to read as follows: 35 17. If the violation was an act prohibited by section 11-0535-b of 36 this chapter, not more than one thousand dollars or not more than two 37 times the value of the article involved, whichever is greater. If the 38 violation is a second or subsequent violation of such section 11-0535-b, 39 not more than two thousand dollars or not more than three times the 40 value of the article involved, whichever is greater. 41 § 3. Within 180 days of the effective date of this act, the department 42 of environmental conservation shall promulgate regulations that, at a 43 minimum, designate giraffes (Giraffa Camelopardalis) as a vulnerable 44 species pursuant to section 11-0535-b of the environmental conservation 45 law. 46 § 4. Severability. If any clause, sentence, paragraph, section or part 47 of this act shall be adjudged by any court of competent jurisdiction to 48 be invalid and after exhaustion of all further judicial review, the 49 judgment shall not affect, impair or invalidate the remainder thereof, 50 but shall be confined in its operation to the clause, sentence, para- 51 graph, section or part of this act directly involved in the controversy 52 in which the judgment shall have been rendered. 53 § 5. No later than January 1, 2021, the department of environmental 54 conservation shall prepare a report outlining enforcement activities and 55 recommendations regarding any necessary changes. 56 § 6. This act shall take effect immediately.